Weinstein v. Berg

Appellate Division of the Supreme Court of New York

Weinstein v. Berg

259 A.D. 741, 18 N.Y.S.2d 496, 1940 N.Y. App. Div. LEXIS 6496

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 18, 1940

StatusPublished

This text of 259 A.D. 741 (Weinstein v. Berg) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weinstein v. Berg, 259 A.D. 741, 18 N.Y.S.2d 496, 1940 N.Y. App. Div. LEXIS 6496 (N.Y. Ct. App. 1940).

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Opinion

Appeal by plaintiff, by permission of this court, from an order of the Appellate Term which affirmed an order of the Municipal Court of the City of New York, Borough of Brooklyn, granting defendants’ motion for summary judgment, under Civil Practice Rule 113, dismissing the complaint, and the judgments entered thereon in this action, brought to recover brokerage commissions upon a sale of real estate. Order of the Appellate Term reversed on the [742]*742law, with costs in all courts; defendants’ motion for summary judgment denied, with ten dollars costs, and the order and judgments of the Municipal Court vacated. In our opinion the record discloses the existence of real issues of fact which must be tried in the regular way and which may not be made the subject of summary disposition under Civil Practice Rule 113. (See Kogan v. Reilly, 258 App. Div. 913, and cases therein cited; and Barrett v. Jacobs, 255 N. Y. 520.) Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ., concur.

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Appeal by plaintiff, by permission of this court, from an order of the Appellate Term which affirmed an order of the Municipal Court of the City of New York, Borough of Brooklyn, granting defendants’ motion for summary judgment, under Civil Practice Rule 113, dismissing the complaint, and the judgments entered thereon in this action, brought to recover brokerage commissions upon a sale of real estate. Order of the Appellate Term reversed on the [742]*742law, with costs in all courts; defendants’ motion for summary judgment denied, with ten dollars costs, and the order and judgments of the Municipal Court vacated. In our opinion the record discloses the existence of real issues of fact which must be tried in the regular way and which may not be made the subject of summary disposition under Civil Practice Rule 113. (See Kogan v. Reilly, 258 App. Div. 913, and cases therein cited; and Barrett v. Jacobs, 255 N. Y. 520.) Lazansky, P. J., Hagarty, Carswell, Taylor and Close, JJ., concur.

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Bluebook (online)

259 A.D. 741, 18 N.Y.S.2d 496, 1940 N.Y. App. Div. LEXIS 6496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weinstein-v-berg-nyappdiv-1940.

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